HomeMy WebLinkAbout20071640 Ver 1_Approval Letter_20071003
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October 3, 2007
Halifax County
DWQ Project No. 20071640
SR 1815
State Project No. 4C.042054
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. R.E. Greene, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
paving SR 1815 in Halifax County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill in Intermittent Stream linear ft Total Stream Im act linear ft
1 32 32
Total 32 32
Total Stream Impact for Project: 32 linear feet.
Tar-Pamlico. Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 ~ Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 2,563 0 2,563 N/A 1,614 0 1,614 N/A
Totals 2,563 0 2,563 0 1,614 0 1,614 0
* n/a =Total for Site is less than 1 /3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact for Project: 4,177 square feet.
The project shall be constructed in accordance with your application dated received September 27, 2007. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3634 and 3627. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 33
issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A
NCAC 2B.0259). In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit.
N~one~Carolina
Transportation Permitting Unit ~~tlCll~lJ~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311ntemet: htto:llh2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer-50% Recycled/10% Post Consumer Paper
,; Governor
- Michael F. Easley,
- William G. Ross Jr., Secretary
F w A r~~ North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
QUO QG Division of Water Quality
our a lication (unless modified below).
ose and design described in y pp roe is sold, the
and submit a new application. If the p p rty
This approval is valid solely for the pure
our ro ect change, you must notify the DWQ royal letter, and is thereby responsible for complying
Should y p J iven a copy of this Certification and app exceed one acre, or of total
new owner must be g ro ect (now or in the futtrTe) anon may be required as
with all the conditions. If total wetland fills for this p J ou must adhere to the
exceed 1501inear feet, compensatory mitig
impacts to streams (now or m the fuhre6 and (7). For this approval to remain valid, y
described in 15A NCAC 2H .0506 O ( )
conditions listed in the attached certification as well as those listed below.
Conditions of Certification: laced below the elevation of
and wetlands shall be p ercent of the culvert
eater than 48 inches, and e Og water and aquatic life.
1. Placement obc one foot fooall culvertsuwith di emeterrgr ~ assag
to allow low o~'~' P
the streambed y tem orary erosion control measures shall not be
diameter for culverts having a diameter less than 48 inches, acent to or
uilibrium of wetlands or streamb rovide ev den ce that the
Design and placement of culvertresult m dis- gctures inclu mg uired to p
conducted in a manner that may hcant is req
uested in writing by DWQ• If this condition is unable to b fo guidance on
upstream and down stream of the above structures. The app lease contact the NCDWQ
equilibrium is being maintained if req co~truction, p
features encountered during uired.
bedrock or other limiting ernut modification will be req
how to proceed and to determine whether or not a p laced in the strearnbed in a manner that precludes
laced in the active thalweg channel or p
2. Riprap shall not be p ineering boulders or structures should be properly designed, sized and installe .
aquatic life passage. Bioeng raded to its preconstnrction
i acted due to site dewatering activities, the site shall be g
3. For any streams being rnp
contours and revegetated with appropriate native species.
h streambuffers at nonerosive velocities, unless
' 4. All stormwater runoff shall be directed as sheetflow throug
otherwise approved by this certification.
ora fill or clearing activities shall be restored to the
' arian buffers impacted by the placement of temp ry ermanently revegetated with non-woody
5. All np etated. Maintained buffers shall be p ose of this condition,
preconstr<rction contours and reveg completion of construction. For the pure lar DOT
'' the end of the growing season following etated,
species by errnanently reveg
"~ r areas are defined as areas withinthe trnon-rnaint n d buffers shall be p object to re
~' maintained buffe mowing The area with complerion of construction
maintenance activities including owu>g season following
with native woody species before the next gr laced in Zone 1 of any
~~` ~~ 6 sediment and erosion cAot has timecthe NCDWQ has approved no sediment
6 pursuant to NCACI SA 2B.0259( royal by the NCDWQ• acts, anywhere on this Project. Moreover,
Tar-Pamlico Buffer without prior apP outside of the approved project imp
all be allowed in Zone 2 of the buffers provided that Zone 1 is not
and erosion control devices in Zone 1,
sediment an d and that discharge is released as diffuse flow.
compronvse revent direct contact between
- work area shall be maintained top ed to
construction, a dry
Cream water. Water that inadvertently c letacts uncured concrete shall not be disc arg
7. If concrete is used during uatic life and fish kills.
c~ng concrete and s
surface waters due to the potential for elevated pH and possr q kind is permitted in waters of the U.S., or
in the construction of the project, no staging of equipment of any
g, Dur g
protected riparian buffers. shall not be modified. Disturbed
e dimension, pattern and profile of the stream above a ~bconditions.ossing
9. Th eomorp Noe C
- floodplains and streams shall be restored to natural g ~~~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
_ pnnne: 919-733-17861 FAX 919-733-689311ntemet: htt :llh2o.enr.state c^oiuo (Mc PAI10°/aPosl Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
10. The use of rip-rap above the Normal High W ater Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction a sed to mrevent excavation in flowing watersandbags, rock berms,
cofferdams and other diversion structures shall be u p
13. Heavy equipment shall be operated from the ollut nts into the streame stream channel in order to minimize
sedimentation and reduce the introduction of other p
14. All mechanized equipment operated near smants h draulicufluidsr oguother o xc cmaterials~mtained to prevent
contamination of stream waters from fuels, lubnc y
, 15. No-rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
17. A copy of this Water Quality Certification s subsee ue tlm difi ations,i f any, shall belmaintainedlwith theme
addition, the Water Quality Certification and all q
Division Engineer and the on-site project manager.
y p roved b this
1 g. 'The outside buffer, wetland or water boundar located within the construction corridor a p
riot to any land disturbing activities. Impacts to
authorization shall be clearly marked by highly visible. fencing p
areas within the fencing are prohibited unless otherwise authorized by this certification.
19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed bi ° ffegrules~s ormwater management rules, soil erosionhandng
jurisdiction, including but not limited to applicab
sedimentation control requirements, etc.
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
21. Upon completion of the project (includinhe enclosedtSCertification of Completion Form')to notify DWQ when
Division Engmeer shall complete and return
all work included in the 401 Certification has been completed.
22. Native riparian vegetation must be reestablisheod within the construction limits of the project by the end of the
growing season following completion of construcri
23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
ermit without appropriate modification. Should wasteri Wb 1 be required since that is a direct impa c from road ~ be
p
located in wetlands or streams, compensatory rmrigario
construction activities.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: htt :/th2o.enr.state.nc.uslncwetlands
._, .,_....a,,.,~,,,ie~m,ative Action Employer - 50% Recycled110% Post Consumer Paper
W a T~ Michael F. Easley, Governor
Q /~ William G. Ross Jr., Secretary
`QC~ ~G North Carolina Department of Environment and Natural Resources
fij ~ Coleen Sullins, Director
~ ~ Division of Water Quality
~^. k
24. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal; or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation'Pollution Control Act.
25. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
If you do not accept any of the conditions of this. certification,. you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are fmal and binding unless you ask for a
hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Rob Ridin (919) 733-9817.
Sincer y,
!~
oleen Sullins
Director
Attachments (General Certification and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
_ .~On~'CarOllna
Transportation Permitting Unit 1V~ v"~uCa~~t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: htto:/(h2o.enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper